NEW INDIA ASSURANCE CO LTD Vs. MOHD ZIANUDDIN

JUDGEMENT

(1.) We do not find any ground for condoning the delay of 30 days in presenting this appeal, FA. SR. No.2403/1998 by the 1st opposite party in OP No.207/1997 questioning the order of the Adilabad District Forum in that O. P. dated 26.6.1998. The complainant is the 1st respondent and the 2nd opposite party is the 2nd respondent in this application for condoning the delay. The order of the District Forum was despatched on 26.6.1998 under Dis. No.575/98.

(2.) In the affidavit of Mr. K. Krishna, Administrative Officer of the petitioner/appellant Insurance Company, the reason for the delay is explained as follows : "i respectfully submit that we have been advised that in view of the Memorandum of Grounds filed in the above FA, we have good chances of success in the appeal and we will not be required to pay any compensation towards the award. We understand that the complainant is instituting proceedings in pursuance of the order in the O. P. and, therefore, it is essential that the proceedings are stayed, in the interest of justice, pending disposal of the above FA. I respectfully submit that there is a delay of 30 days in filing this appeal which is neither deliberate wanton nor due to any negligence but due to procedural delays in a Government Co. like ours and in view of the delay in transit in forwarding the papers from Adilabad to Secunderabad Regional Office, to obtain legal opinion whether there were good grounds of appeal etc. and thereafter obtaining necessary approvals in filing this appeal. " We do not find that any sufficient cause is made out for condoning the delay of 30 days in presenting the appeal.

(3.) In the result, FA. IA. No.869/1998 is dismissed and FA. SR. No.2403/1998 is rejected.